What Are Miranda Rights?

Law authorization must read a man his or her Miranda rights, "that you have the privilege to remain quiet" and so forth., just if they

So in simple terms Miranda Right is the right to remain silent when being held as a criminal suspect in on an ongoing case to prevent self-incrimination which is in direct violation with the Fifth Amendment. After the war of securing their independence from Britain the thirteen states created the Article of Confederation. Due to the experience with the British monarchy almost all Americans wanted government power to stay within their respected states. In doing so the Article of Confederation had a weak national government, which in turn cased quite a few major disputes between states. So they completely reorganized it and came up with the draft of the U.S Constitution that created a republican form of government.

The Miranda rights were created in 1966 by the United States Supreme Court case of Miranda v. Arizona. The purpose of the Miranda warning is to protect all suspects’ “Fifth Amendment right to refuse to answer self-incriminating questions”(Miranda Rights, 2009). The Miranda rights are done once an arrest has been made or before the questioning occurs and then an officer is free to ask questions for the investigation. The suspect can either remain silent or answer the questions being asked. Suspects must be told their constitutional right to have an attorney and against self- incrimination before the questions.

Miranda rights are a set of warning imposed by the courts after the Miranda v. Arizona, 384 U.S. 436 decision that occurred June 13, 1966. As stated by Cassell the rights are:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you (What Are Your Miranda Rights?, 2016).” Miranda Law came into existence in June 1966 when the United States Supreme Court safeguarded the 5th Amendment right against self-incrimination. Miranda Warning is a ruling that allows defendants to remain silent, while being questioned by law enforcement and prosecutors, unless they have been previously advised of their Miranda Rights. Most people are not aware of their fundamental rights at the time of their arrest and / or interrogation. Under the 5th Amendment law the Miranda warning informs defendants of these rights and protects them from incriminating themselves.

In the 1960's, when people were arrested they may not have been informed of their rights.

These mandatory "Miranda Rights" begin with "the right to remain silent," and continue with the statement that "anything said can and will be used against [the defendant] in a court of law." The police are further compelled to inform the suspect of his or her right to an attorney and allow for (if necessary, provide for) a defendant's attorney who can accompany him or her during interrogations. (pbs.org).

Miranda right one of the best-known cases in the Supreme Court. Everyone has heard about the Miranda rights and how important they are to ensure the fundamental rights of American’s. The Miranda rights are a fundamental part of American society. They appear In many books, television shows, and movies.

The third section of Miranda Rights I examined was “You have silent will” it seems most people for whatever reason, regardless of the crime will talk. Silence is awkward. Me and my partner would ask a very simple question and then just not talk. There is a need to fill in the silence is too great for most low-level offenders, they just start talking. Add that and the fact that many low-level offenders aren't that intelligent and well... They just have diarrhea of the mouth.

why should I listen to the miranda rights when the law man or women give them to me. one reason is so if the person that is getting arrested knows what rights he or she has or don't have.

If you find yourself in trouble with the law, the first thing the police will usually do is read you your "rights" which means your Miranda Rights which start out with "You have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an attorney at all stages of the proceedings; if you cannot afford an attorney, one will be provided to you free of charge."

The offender must understand and waive his Miranda rights, which are: you have the right to remain silent, anything you say can be used against you in the court of law, you have the right to talk to a lawyer and have him present while you are being questioned, if you cannot afford to hire a lawyer, one will be appointed to represent you before you answer any questions. The suspect must waive his right to be questioned. If the suspect does not waive his right the questioning must stop and a lawyer must be arranged. If the police are to ask the suspect to reconsider, his Miranda rights are being violated.

In 1966 Miranda was arrested for kidnapping and rape. Because of some very tricky loopholes, Miranda walked away a free man. This was because The Supreme Court ruled that his Fifth Amendment was violated. Since then, anytime someone gets arrested they are read their rights, of Miranda Rights which prevents something like what happened in 1966.

The Miranda rights are not explicitly stated in the constitution, however the constitution does guarantee against self-incrimination by the 5th amendment and the right to council by the 6th amendment. Law enforcement officials are run by the department of justice, they are responsible for reading these rights to all people they arrest and in my opinion I feel that the officials do a good job of ensuring that all people they detain are read their Miranda rights.

The law enforcement official must obtain verbal or written verification that the criminal suspect understands his right to maintain silence. The law enforcement official must then say “Anything you do or say can and will be used against you in a court of law”. Again, the official must obtain verbal or written verification that the criminal suspects understands what is being said to them. The next statement is “You have the right to an attorney before speaking or have an attorney present during any questioning now or in the future. Again, verification of understanding must be established. That statement is then followed by “If you can’t afford an attorney one will be appointed for you before any questioning if you choose. The next Miranda right states that “ If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. The last Miranda right specifically asks “Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?” Again after each and every statement given by the law enforcement official verbal or written verification that the suspect understands must be obtained.